Legal Question in Family Law in New York

child support payments
My divorced was entered on 12/1/05 & my x husband because he doesnt work it was stated in the papers that he has to pay 25 per month for child support(i have legal custdoy) He has a claim pending with the ssi and he had a hearing for that on 3/2/06 he told me that he was denined & I asked him why dont you appeal it & said that he would have to pay his lawyer another 5000.00 I didnt say anything but his lawyer gets paid if he wins his case I called social security and they couldnt give me an answer if he won or not but told me to call mid june if it is in a pay status then i can put a claim in for me kids. but in our divorced papers it states that i am to get a percent of his back settlement and the monthly payments for the kids are to come to me and i had to pay half of his legal fee (half of the 5000) my lawyer has tried to contact his ssi lawyer and was told that his client would have to sign a release. wouldnt the divorce paper that states that be enough and i feel my x is trying to hide that he getting this money and not to give me anything He hasnt even pd the 25 a month since Jan what can i do should i just go down to family court if so what are my rights for this will i get bet for this money or will he be forced to give it

Asked on 5/18/06, 2:54 pm

Andrew Nitzberg Andrew Nitzberg & Associates

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Re: child support payments

I think you should meet with a lawyer.

One possible option is to have the judge order him to appeal. After all, SSI/SSD claims are routinely denied on their first submission.

If he declines to follow this order, then he can be put in jail for 'contempt of court'.

You are welcome to a consultation for no fee. Email is best to make an appointment.

Answered on 5/18/06, 3:28 pm

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